0906

The defense attorney should say,

"I object to any evidence from this witness as to who the person was. The prosecutor has not established sufficient evidence to show that the witness has personal knowledge of his identity, which foundation is required by Rule 602."

Note that the objection is NOT that the witness lacks personal knowledge. The objection is that the proponent has not proved she has personal knowledge. Rule 602 requires the proponent to establish personal knowledge. This burden of proof makes an important difference in cases like this, where it is unclear whether the witness has enough personal knowledge to testify as to the robber's identity.

Any questions? E-mail me at tanford@indiana.edu and include the reference 0906

How should the prosecutor respond? When you have decided, click here.